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In order to set aside a foreclosure sale, the trustor under a deed of trust must “give proof before the sale is set aside that he now can redeem the property.” (United States Cold Storage v. Great W. Sav. & Loan Ass'n (1985) 165 Cal.App.3d 1214, 1225.) Plaintiff is required to allege tender of the amount of the creditor's secured indebtedness “in order to maintain any cause of action for irregularity in the sale procedure.” Abdallah v. United Sav. Bank (1996) 43 Cal.App.4th 1101, 1110. The amount of the tender must be “the full amount of the debt for which the property was security.” Fpci Re-Hab 01 v. E & G Invs. (1989) 207 Cal.App.3d 1018, 1021.
Additionally to justify setting aside a presumptively valid foreclosure sale, the claimed irregularity must arise from the foreclosure proceeding itself. (Nguyen v. Calhoun (2003) 105 Cal.App.4th 428, 445.)
“Case law instructs that the elements of an equitable cause of action to set aside a foreclosure sale are:
(Bank of America etc. Assn. v. Reidy , 15 Cal.2d 243, 248)
See also, Saterstrom v. Glick Bros. Sash, Door & Mill Co. (1931) 118 Cal.App. 379, 383 setting trustee's sale set aside where deed of trust was void because it failed to adequately describe property]; Stockton v. Newman (1957) 148 Cal.App.2d 558, 564, [trustor sought rescission of the contract to purchase the property and the promissory note on grounds of fraud]; Sierra–Bay Fed. Land Bank Ass'n v. Superior Court (1991) 227 Cal.App.3d 318, 337, 277 Cal.Rptr. 753 (Sierra–Bay) [to set aside sale, “debtor must allege such unfairness or irregularity that, when coupled with the inadequacy of price obtained at the sale, it is appropriate to invalidate the sale”; ”debtor must offer to do equity by making a tender or otherwise offering to pay his debt”]; Abdallah v. United Savings Bank (1996) 43 Cal.App.4th 1101, 1109, 51 Cal.Rptr.2d 286 (Abdallah) [tender element]; Munger v. Moore (1970) 11 Cal.App.3d 1, 7, 89 Cal.Rptr. 323 [damages action for wrongful foreclosure]; see also 1 Bernhardt, Mortgages, Deeds of Trust, and Foreclosure Litigation (Cont.Ed.Bar 4th ed. 2011 supp.) § 7.67, pp. 580–581, and cases cited therein summarizing grounds for setting aside trustee sale.). Munger, at 104.
DISCUSSION Actions to set aside a foreclosure sale are governed by the substance or gravamen of the action. ( Hatch v. Collins (1990) 225 Cal.App.3d 1104, 1110.) Claims sounding in fraud and mistake must be brought within 3 years. (See Code Civ. Proc. § 338(a), (d).) Actions to set aside a foreclosure sale accrue when foreclosure proceedings are initiated ( Engstrom v. Kallins (1996) 49 Cal.App.4th 773, 783), unless accrual is postponed by the discovery rule. ( Hatch v.
MI PING TENG VS CHASE BANK
23AHCV01554
Dec 21, 2023
Los Angeles County, CA
In order to set aside a foreclosure sale, the trustor under a deed of trust must “give proof before the sale is set aside that he now can redeem the property.” United States Cold Storage v. Great W. Sav. & Loan Ass'n (1985) 165 Cal.App.3d 1214, 1225. Plaintiff is required to allege tender of the amount of the creditor's secured indebtedness “in order to maintain any cause of action for irregularity in the sale procedure.” Abdallah v. United Sav. Bank (1996) 43 Cal.App.4th 1101, 1110.
NICHOLAS DORADO VS WASHINGTON MUTUAL BANK
1338176
Oct 05, 2009
Santa Barbara County, CA
To state a cause of action to aside a foreclosure sale, a plaintiff must allege he or she tendered payment of the full amount of the debt for which the property was security. "'A valid and viable tender of payment of the indebtedness owing is essential to an action to cancel a voidable sale under a deed of trust.'" (FPCI RE-HAB 01 v. E & G Investments, Ltd. (1989) 207 Cal.App.3d 1018, 1021; Abdallah v.
VEGA VS. FIRST FRANKLIN
56-2010-00367079-CU-BT-VTA
Aug 05, 2010
Ventura County, CA
It is an equitable action to set aside a foreclosure sale, or an action for damages resulting from the sale, on the basis that the foreclosure was improper. [Citation.]” ( Sciarratta v. U.S. Bank Nat’l Assn. (2016) 247 Cal.App.4th 552, 561.)
ANGELA CARRILLO, ET AL. VS U.S. BANK NATIONAL ASSOCIATION
20STCV32936
May 25, 2021
Los Angeles County, CA
Real Property
Quiet Title
To set aside a foreclosure sale, some courts hold that Plaintiff must allege that he has actually tendered the amount due or made a binding offer to tender the amount due on his loan. (Karlsen v. American Sav. & Loan Assn. (1971) 15 Cal. App. 3d 112, 117.) Plaintiff’s complaint does not contain any allegations regarding tender, and plaintiff does not oppose this demurrer. Based on the foregoing, the demurrer is SUSTAINED without leave to amend.
MOHAMMAD R MAYEH VS COUNTRYWIDE BANK ET AL
BC613276
Sep 12, 2016
Los Angeles County, CA
Real Property
Quiet Title
GMAC and Executive Trustee Services challenge the first three causes of action for the additional reason that a full tender of the loan proceeds is required in order to set aside a foreclosure sale. Stebley v. Litton Loan Servicing, LP (2011) 202 Cal.App.4th 522, 526 (“A full tender must be made to set aside a foreclosure sale, based on equitable principles”); Abdallah v.
KATHERINE GOLUB SMITH VS MTI CAPITAL ET AL
1413042
Dec 10, 2012
Santa Barbara County, CA
Litton Loan Servicing, LLP (2011) 202 Cal.App.4th 522, 526 ("full tender must be made to set aside a foreclosure sale, based on equitable principles).") Here, the FAC does not allege tender and thus, the claims fail. The motion for judgment on the pleadings on the intentional misrepresentation claim is granted. "'A party claiming fraud must plead facts which show how, when, where, to whom, and by what means the representations were tendered.'" (Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73.)
BUTLER VS SCME MTG BANKERS INC
37-2018-00045424-CU-OR-CTL
Dec 03, 2020
San Diego County, CA
Real Property
other
It is an equitable action to set aside a foreclosure sale, or an action for damages resulting from the sale, on the basis that the foreclosure was improper.
DAMIA GORDON VS OCWEN LOAN SERVCING LLC ET AL
BC684023
Apr 30, 2018
Los Angeles County, CA
Real Property
Foreclosure
Case law instructs that the elements of an equitable cause of action to set aside a foreclosure sale are: (1) the trustee or mortgagee caused an illegal, fraudulent, or willfully oppressive sale of real property pursuant to a power of sale in a mortgage or deed of trust; (2) the party attacking the sale (usually but not always the trustor or mortgagor) was prejudiced or harmed; and (3) in cases where the trustor or mortgagor challenges the sale, the trustor or mortgagor tendered the amount of the secured indebtedness
GULLIERMO GUTIERREZ VS. SD LENDING LLC
37-2018-00060260-CU-OR-CTL
Oct 28, 2020
San Diego County, CA
Real Property
other
The failure to provide notice does not provide a basis for setting aside a foreclosure sale. (See § 2937, subd. (g).) Plaintiff s breach of contract, breach of implied covenant, and negligence causes of action seek damages, which is the proper remedy. “After a nonjudicial foreclosure sale has been completed, the traditional method by which the sale is challenged is a suit in equity to set aside the trustee’s sale. m” (Lona v, Citibank, NA. (2011) 202 Ca1,App,4“‘ 89, 103.)
ANDREW DB, ROWEN VS, US, BANK NATIONAL ASSOCIATION, ET AL
CV1902574
Dec 17, 2019
Marin County, CA
The use of the former APN related to the Property appears at best to be a nonmaterial error which does not justify setting aside a foreclosure sale. (Knapp v. Doherty (2004) 123 Cal.App.4th 76, 88-89 [non-material defect in foreclosure process, in that case premature service of the notice of trustee's sale in violation of the statutory time period, does not warrant setting sale aside].) (See also Citrus El Dorado, LLC v.
MEIER VS. POWER
MSC19-02023
Aug 06, 2020
Steve K. Austin
Contra Costa County, CA
Defendants argue that Plaintiff cannot request injunctive relief to set aside a foreclosure sale when the property has been sold to a third party bona fide purchaser. (Kalnoki v. First American Trustee Servicing Solutions, LLC (2017) 8 Cal.App.5th 23, 45; Orcilla v. Big Sur, Inc. (2005) 244 Cal.App.4th 982, 1000.) Additionally, plaintiff lacks standing to request any such relief, as he is not the borrower, nor has he shown facts establishing that he assumed the subject loan.
JAIME MELGAREJO VS. SHELLPOINT, BANK OF MELLON NY
LC105155
Oct 05, 2017
Los Angeles County, CA
Real Property
Foreclosure
Kastorff (1960) 54 Cal.2d 380 While both Donovan and Elsinore apply the Civil Code statutes relating to rescission and mistake, neither involve setting aside a foreclosure sale based on mistake. "After a nonjudicial foreclosure sale has been completed, the traditional method by which the sale is challenged is a suit in equity to set aside the trustee's sale. (Anderson v. Heart Federal Sav. & Loan Assn. (1989) 208 Cal.App.3d 202, 209–210, 256 Cal.Rptr. 180.)
MATTHEW J MATSON VS SBS TRUST DEED NETWORK
37-2017-00008676-CU-OR-CTL
May 10, 2018
San Diego County, CA
Real Property
other
It is an equitable action to set aside a foreclosure sale, or an action for damages resulting from the sale, on the basis that the foreclosure was improper.
DAMIA GORDON VS OCWEN LOAN SERVCING LLC ET AL
BC684023
Jul 20, 2018
Los Angeles County, CA
Real Property
Foreclosure
a foreclosure sale, and (3) defendant is entitled to BFP status based on plaintiff’s failure to plead facts to the contrary.
HELEN BROUWER VS. REDWOOD HOLDINGS, LLC
C23-00688
Jul 27, 2023
Contra Costa County, CA
The FAC lacks an allegation of tender and therefore a cause of action to set aside a foreclosure sale fails. The demurrer is sustained. IV. Ruling The Court sustains the demur with 20 days’ leave to amend. Any responsive pleading must be filed and served 20 days’ thereafter or 25 if the amended pleading is served by mail. Next dates: Motion for terminating sanctions 10/30/18 Notice:
LAMONT LITTLEJOHN VS. LIBERTY FUND, LLC, ET AL.
TC029105
Sep 18, 2018
Maurice A. Leiter or Salvatore Sirna
Los Angeles County, CA
Real Property
Quiet Title
Bank N.A. (2011) 192 Cal.App.4th 218 in its opposition is manifestly misplaced, as that case discussed a promissory estoppel cause of action as a means to set aside a foreclosure sale..
VAZ V OCWEN LOAN SERVICING LLC
1394359
Mar 20, 2014
Santa Barbara County, CA
Here, Plaintiff, in particular, alleges fraud (e.g., ¶32 to Complaint) and so the rule that a trustor cannot set aside a foreclosure sale to a BFP is not applicable. Id at 156. GRO cites no law holding otherwise. GRO's citation to Strutt v. Ontario Savings and Loan Assn, (1970) 11 Cal. App. 3rd 547, is irrelevant because that case involves a Motion for Summary Judgment, not a demurrer.
TEPEQUE VS DEUTSCHE BANK NATIONAL
56-2013-00434694-CU-OR-VTA
Oct 30, 2013
Ventura County, CA
Real Property
other
Trust Co. (2012) 204 Cal.App.4th 433, 440 2nd Cause of Action (violation of Civ.Code § 2923.5): "Civil Code section 2923.5 does not provide for damages, or for setting aside a foreclosure sale, nor could it do so without running afoul of federal law, that is, the Home Owners Loan Act (15 U.S.C. § 1641; "HOLA"), and implementing regulations (12 C.F.R. § 560.2(b))... As a result, the sole available remedy is "more time" before a foreclosure sale occurs. After the sale, the statute provides no relief."
MARGARITO FLORES VS. BANK OF AMERICA NA
56-2015-00463135-CU-OR-VTA
May 20, 2015
Ventura County, CA
Real Property
other
However, the Tender Rule is not usually applied in situations where no foreclosure sale has yet been held: " 'A full tender must be made to set aside a foreclosure sale, based on equitable principles.' [Citation.] Courts, however, have not required tender when the lender has not yet foreclosed and has allegedly violated laws related to avoiding the necessity for a foreclosure. (See, e.g., Mabry v. Superior Court (2010) 185 Cal.App.4th 208, 225–226 [110 Cal.
LARRY GREEN VS. PLANET HOME LENDING INC
56-2021-00550778-CU-OR-VTA
Jul 12, 2021
Ventura County, CA
Real Property
other
Supp.3d 926, 948 [wrongful foreclosure is a California common law claim that generally tracks the elements of an equitable cause of action to set aside a foreclosure sale]; Compl., ¶¶ 64, 65, 67, Exhibit F [misidentified as Exhibit G].) Defendants’ demurrer as to the seventh cause of action for interpleader pursuant to Code of Civil Procedure section 386 and Civil Code sections 2924j & 2924k is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subd. (e).)
CV-2022-0692
Aug 30, 2022
Yolo County, CA
PLAINTIFFS’ ALLEGATIONS Plaintiffs seek to set aside a foreclosure sale of real property. Plaintiffs obtained a $380,000 loan secured by a Deed of Trust recorded against the real property. (RJN Exh. A) The loan was assigned to Wachovia Bank, N.A. and then to Defendant M & T Bank. (RJN Exhs. B, C) Plaintiffs defaulted on the loan and Defendant Bayview caused a Notice of Default to be recorded against the property. (RJN., Exh.
MEHDI KOHANI ET AL VS BAYVIEW LOAN SERVICING LLC ET AL
NC060827
Oct 12, 2017
Los Angeles County, CA
Wrongful Foreclosure The common law tort claim of wrongful foreclosure is “an equitable action to set aside a foreclosure sale, or an action for damages resulting from the sale, on the basis that the foreclosure was improper.” (Sciarratta v. U.S. Bank National Assn. (2016) 247 Cal.App.4th 552, 561.)
JESSE CANALES VS. 38SDJV HOLDINGS LLC
19CECG03886
Oct 20, 2022
Fresno County, CA
Liberty Savings Bank, FSB (1997) 52 Cal.App.4th 1075, in which the Second District had similarly recognized that a claim for wrongful foreclosure to set aside a foreclosure sale of a debtor’s residence is property of the bankruptcy estate which only the chapter 7 trustee can pursue.
DAVID SAGE VS DEANNA YARD
EC066654
Aug 24, 2017
Los Angeles County, CA
Personal Injury/ Tort
Fraud
First Cause of Action to Set Aside Trustee Sale: “The elements of an equitable cause of action to set aside a foreclosure sale are: (1) the trustee or mortgagee caused an illegal, fraudulent, or willfully oppressive sale of real property pursuant to a power of sale in a mortgage or deed of trust; (2) the party attacking the sale (usually but not always the trustor or mortgagor) was prejudiced or harmed; and (3) in cases where the trustor or mortgagor challenges the sale, the trustor or mortgagor tendered the
WALKER VS SHEPHERD
30-2020-01161867
Mar 17, 2021
Orange County, CA
The demurrer to the 3rd cause of action is overruled. 1st Cause of Action for Wrongful Foreclosure A trustor seeking to set aside a foreclosure sale must allege (1) an illegal, fraudulent, or willfully oppressive sale; (2) prejudice; and (3) tender of the secured indebtedness or an excuse from tendering. Lona v. Citibank, N.A. (2011) 202 Cal.App.4th 89, 104. Defendants argue the first element is not met because there was no wrongful conduct. However, plaintiff's HBOR claim satisfies this requirement.
CARLOTA VARGAS DE TORRES VS. FEDERAL NATIONAL MORTGAGE ASSOCIATION
37-2017-00016611-CU-OR-CTL
Oct 26, 2017
San Diego County, CA
Real Property
other
A full tender must be made to set aside a foreclosure sale, based on equitable principles, to avoid plaintiffs from evading their lawful debt. (Stebley v. Litton Loan Servicing (2011) 202 Cal.App.4th 522, 526.) Merely alleging an offer to tender is not sufficient before attacking a sale. (Ibid.)
JENNIFER OH FAMILY TRUST VS MORTGAGE ELECTRONIC REGISTRATION
BC715446
Oct 29, 2018
Los Angeles County, CA
Contract
Breach
These are the same elements as an equitable cause of action to set aside a foreclosure sale. (Lona v. Citibank, N.A. (2011) 202 Cal.App.4th 89, 104; Miles v. Deutsche Bank National Trust Co. (2015) 236 Cal.App.4th 394, 408 [“The basic elements of a tort cause of action for wrongful foreclosure track the elements of an equitable cause of action to set aside a foreclosure sale.”].)
BUENA PARK SUCCESSOR AGENCY VS. BUTTERFLY PAVILLION, LLC
30-2019-01059680
Feb 18, 2021
Orange County, CA
Further, a full tender must be made to set aside a foreclosure sale based on equitable principles. (Stebley v. Litton Loan Servicing (2011) 202 Cal.App.4th 522, 526.) Plaintiff failed to allege that she has tendered the full amount due. Finally, the extent of a private right of action under Civ. Code, § 2923.5, is limited to obtaining a postponement of an impending foreclosure to permit the lender to comply with § 2923.5. (Mabry v. Superior Court (2010) 185 Cal. App. 4th 208, 214.)
NICOLE MOUSSA VS WELLS FARGO BANK, N.A.
19NWCV00476
Oct 10, 2019
Los Angeles County, CA
Real Property
Quiet Title
While the tender requirement may apply to causes of action to set aside a foreclosure sale, it does not apply to actions seeking to enjoin a foreclosure sale. A borrower is not required to tender the full amount due in seeking to enjoining foreclosure based on alleged failure to comply with Civil Code § 2923.5. Mabry v. Superior Court (2010) 185 Cal.App.4th 208, 225. See also, Barrionuevo v. Chase Bank, N.A.
MANRIQUE VS NATIONSTAR MORTGAGE
56-2016-00490669-CU-OR-VTA
Apr 07, 2017
Ventura County, CA
Real Property
other
Discussion 1st Cause of Action for Wrongful Foreclosure The elements of an action to set aside a foreclosure sale are: (1) the trustee caused an illegal, fraudulent, or willfully oppressive sale of real property; (2) the party attacking the sale was prejudiced or harmed; and (3) in cases where the trustor challenges the sale, the trustor tendered the amount of the secured indebtedness or was excused from tendering. Orcilla v. Big Sur, Inc. (2016) 244 Cal.App.4th 982, 996 (citation omitted).
SOUTHLAND HOME MORTGAGE II LLC VS SILVA
37-2018-00008099-CU-OR-CTL
Sep 26, 2019
San Diego County, CA
Real Property
other
Finally, when a plaintiff seeks to set aside a foreclosure sale, he or she must allege to be ready, willing and able to satisfy the indebtedness (or at least the amount necessary to cover the delinquency). Vanderlous v. Conley (2010) 188 Cal.App.4th 111, 119. Although there is a generic incorporation of all prior paragraphs, there is now nothing in this cause of action relating to the alleged $2.8 million tender. This claim is tied exclusively to a receiver’s deed, which is not applicable here.
MARQUES VS JP MORGAN CHASE BANK N.A.
30-2016-00871956-CU-OR-CJC
May 05, 2017
Orange County, CA
And while tender and acceptance of a payment sufficient to cure a default on a loan secured by a deed of trust reinstates the loan and deprives the trustee of the power to foreclose (and thus can be grounds for setting aside a foreclosure sale), there is no indication that there was a consummated modification agreement (Barroso v. Ocwen Loan Servicing, supra, 208 Cal.App.4th at p. 1017; Residential Capital v.
VAZ V OCWEN LOAN SERVICING LLC
1394359
Jun 04, 2013
Santa Barbara County, CA
“It is an equitable action to set aside a foreclosure sale, or an action for damages resulting from the sale, on the basis that the foreclosure was improper.” (Ibid, citing, Miles v. Deutsche Bank National Trust Co. (2015) 236 Cal.App.4th 394,408–409.)
HAROLD V. WELLS FARGO BANK, N.A.
MCV-243020
Feb 16, 2018
Sonoma County, CA
“The basic elements of a tort cause of action for wrongful foreclosure track the elements of an equitable cause of action to set aside a foreclosure sale.
SHEPHERD VS. THE MORTGAGE LAW FIRM, PLC
30-2020-01168157
Aug 16, 2021
Orange County, CA
Third Cause of Action – Wrongful Foreclosure “The basic elements of a tort cause of action for wrongful foreclosure track the elements of an equitable cause of action to set aside a foreclosure sale.
THOMPSON V. HORN, ET AL.
20CECG01559
Sep 08, 2020
Fresno County, CA
Real Property
other
As relevant here, Herrera stands for the following propositions: (1) " to allege a cause of action to set aside a foreclosure sale, there must be a specific factual basis for alleging the foreclosure was not initiated by the correct party" (205 Cal.App.4th at p. 1503); (2) where the deed of trust vests in MERS the right to exercise all interests and rights held by the lender and its successors and assigns, MERS may exercise those rights without the need to affirmatively demonstrate that it was authorized by
ALEJANDRO REBOLLAR VS. AMERICAS WHOLESALE LENDER
56-2011-00399543-CU-BT-VTA
Aug 30, 2012
Ventura County, CA
The application of the "tender rule" prevents a court from uselessly setting aside a foreclosure sale on a technical ground when the party making the challenge has not established his ability to purchase the property. Thus, without a showing or an allegation of full tender of the loan amount, Plaintiff lacks standing to challenge the foreclosure sale, or any claim related to the sale. Plaintiff has not alleged that he offered the amount of the loan ($500,000).
IVICA SILOV VS. AURORA LOAN SERVICES LLC
56-2010-00374830-CU-OR-VTA
Jul 06, 2011
Ventura County, CA
Real Property
other
Eischen (1984) 158 Cal.App.3d 575, 578-579 [it would be a “useless act” for a court to exercise its equitable authority to set aside a foreclosure sale, if the defaulted borrower could not cure the default].) Based upon the above, and absent a showing by Plaintiff as to how the deficiencies could be cured by amendment after previously doing so voluntarily, the court sustains the demurrer by each of the Defendants to all causes of action, each without leave to amend.
EDOKPAYI V. WESTERN PROGRESSIVE, LLC, ET AL.
FCS051005
Jan 18, 2019
Solano County, CA
Analysis Set Aside Trustee’s Sale Generally, “[a] full tender must be made to set aside a foreclosure sale.” (Stebley v. Litton Loan Servicing, LLP (2011) 202 Cal. App. 4th 522, 526.) Plaintiff has not alleged tender or adequately alleged that he is exempt from the tender requirement.
SAVIOUR AZZOPARDI VS. DEUTSCHE BANK
MSC19-02494
Jan 21, 2021
Steve K. Austin
Contra Costa County, CA
It is an equitable action to set aside a foreclosure sale, or an action for damages resulting from the sale, on the basis that the foreclosure was improper.
KRAGE V. WYNDHAM VACATION RESORTS, INC.
30-2019-01075237
Mar 06, 2020
Orange County, CA
It is an equitable action to set aside a foreclosure sale, or an action for damages resulting from the sale, on the basis that the foreclosure was improper. [Citation.]” ( In re: Sciarratta v. U.S. Bank National Association (2016) 247 Cal.App.4th 552, 561.)
SANDRA D. HARDING VS WELLS FARGO BANK, N.A. AND DOES 1 TO 25 SUM-200A, ET AL.
21AVCV00146
Jun 01, 2021
Los Angeles County, CA
Real Property
Quiet Title
While a failure to allege tender may preclude Plaintiffs from setting aside a foreclosure sale, it does not preclude them from seeking damages. The demurrers for uncertainty are overruled as no argument was presented in the moving papers on this issue. Leave to amend is given as this is the first challenge to the complaint upon which the Court has ruled. Plaintiffs may file and serve an amended complaint on or before June 15, 2012.
BRIAN MUMMA VS. INDYMAC BANK FSB
34-2011-00101529-CU-OR-GDS
Jun 01, 2012
Sacramento County, CA
Real Property
other
Tender: “A full tender must be made to set aside a foreclosure sale, based on equitable principles. … Allowing plaintiffs to recoup the property without full tender would give them an inequitable windfall, allowing them to evade their lawful debt.” Stebley v. Litton Loan Servicing, LLP, 202 Cal.App.4th 522, 526 (2011). To maintain any cause of action for irregularity in a foreclosure sale procedure, a plaintiff must allege tender of the amount of the secured indebtedness. Abdallah v.
GABRIEL RICHARD VS WELLS FARGO BANK
1413344
May 15, 2013
Santa Barbara County, CA
“[T]he elements of an equitable cause of action to set aside a foreclosure sale are: (1) the trustee or mortgagee caused an illegal, fraudulent, or willfully oppressive sale of real property pursuant to a power of sale in a mortgage or deed of trust; (2) the party attacking the sale (usually but not always the trustor or mortgagor) was prejudiced or harmed; and (3) in cases where the trustor or mortgagor challenges the sale, the trustor or mortgagor tendered the amount of the secured indebtedness or was excused
PADIAL VS SECURED INCOME GROUP I INC
RIC2001353
Nov 29, 2022
Riverside County, CA
It is an equitable action to set aside a foreclosure sale, or an action for damages resulting from the sale, on the basis that the foreclosure was improper. (See Miles, supra, 236 Cal.App.4th at pp. 408409.)
D. & G. INTERNATIONAL INVESTMENT SERVICES, LLC VS FIDELITY NATIONAL TITLE COMPANY, ET AL.
22STCV15940
Mar 28, 2023
Los Angeles County, CA
Third Cause of Action – Set Aside Trustee’s Sale “The elements of a cause of action to set aside a foreclosure sale are (1) the trustee or mortgagee caused an illegal, fraudulent, or willfully oppressive sale of real property pursuant to a power of sale in a mortgage or deed of trust; (2) the party attacking the sale suffered prejudice or harm; and (3) the trustor or mortgagor tenders the amount of the secured indebtedness or was excused from tendering.” (West v.
OMAR SALOMON SIGUENZA VS SELECT PORTFOLIO SERVICING INC, ET AL.
20STCV09390
Sep 04, 2020
Los Angeles County, CA
Real Property
Foreclosure
Third Cause of Action – Set Aside Trustee’s Sale “The elements of a cause of action to set aside a foreclosure sale are (1) the trustee or mortgagee caused an illegal, fraudulent, or willfully oppressive sale of real property pursuant to a power of sale in a mortgage or deed of trust; (2) the party attacking the sale suffered prejudice or harm; and (3) the trustor or mortgagor tenders the amount of the secured indebtedness or was excused from tendering.” (West v.
(NO CASE NAME AVAILABLE)
20STCV0939
Sep 04, 2020
Los Angeles County, CA
“It is an equitable action to set aside a foreclosure sale, or an action for damages resulting from the sale, on the basis that the foreclosure was improper.” (Ibid, citing, Miles v. Deutsche Bank National Trust Co. (2015) 236 Cal.App.4th 394,408–409.)
HAROLD V. WELLS FARGO BANK, N.A.
MCV-243020
Oct 03, 2018
Allan D
Sonoma County, CA
Nature of Proceedings: Motion: Consolidation This is an action for declaratory relief to set aside a foreclosure sale. Plaintiff Barbara Watts, individually and as Trustee of the Barbara Watts Living Trust dated January 13, 2012 (“Watts”), is the former owner of real property located at 4888 Ogram Road, Santa Barbara, California 93105.
BARBARA WATTS VS THE BANK OF NEW YORK MELLON ET AL
1385709
Jun 07, 2013
Santa Barbara County, CA
Section 2923.5 does not provide for damages, or for setting aside a foreclosure sale. (Ibid.) The only remedy is additional time before a foreclosure sale occurs. (Ibid.) Plaintiff concedes that the foreclosure sale has already occurred in this case. (First Amended Complaint, ¶ 24.) Therefore, the Court sustains the demurrer to the first cause of action without leave to amend. 2.
ERNESTO P. MARTINEZ, JR. VS PLANET HOME LENDING, LLC, ET AL.
21STCV04393
Nov 02, 2021
Los Angeles County, CA
While it is not always necessary to establish tender to prevent a foreclosure, the borrower must show that he or she tendered the full amount of indebtedness in order to set aside a foreclosure sale that has already occurred. (Intengan v. BAC Home Loans Servicing LP (2013) 214 Cal.App.4th 1047, 1053-1054.) Plaintiff fails to allege tender or a valid basis for failure to tender. She alleges excuse from tender, but there is no basis for such an excuse.
SOLIDEO VS TRINITY FINANCIAL SERVICES, LLC
RIC2004060
Apr 15, 2021
Riverside County, CA
Wrongful foreclosure “is an equitable action to set aside a foreclosure sale, or an action for damages resulting from the sale, on the basis that the foreclosure was improper." (Sciarratta v. U.S. Bank National Association (2016) 247 Cal.App.4th 552, 561.)
LETICIA MORA VS DEUTSCHE BANK NATIONAL TRUST COMPANY
BC664690
Dec 13, 2017
Los Angeles County, CA
An equitable action for wrongful foreclosure to set aside a foreclosure sale involves equitable issues not necessarily implicated by an action for damages. (See Lona v. Citibank, N.A. (2011) 202 Cal.App.4th 89, 104.) Having alleged in 2013 the underlying facts upon which the claim is based but having made the apparent decision in 2013 to limit DLG’s claims to claims for monetary remedies, DLG now less than 60 days before trial seeks to make a substantial change to the tenor and complexity of the action.
DLG FAMILY LIMITED, ETC. V. LOS MEGANOS HOMEOWNERS ASSOC., ET AL.
1415519
Jul 19, 2016
Santa Barbara County, CA
It is an equitable action to set aside a foreclosure sale, or an action for damages resulting from the sale, on the basis that the foreclosure was improper.
HORWICH V. CARRINGTON PROPERTY SERVICE, INC., ET AL.
30-2019-01043458-CU-OR-CJC
Oct 18, 2019
Orange County, CA
First Cause of Action for Wrongful Foreclosure The basic elements of a tort cause of action for wrongful foreclosure track the elements of an equitable cause of action to set aside a foreclosure sale.
S&S 126 INVESTMENT, LLC. VS IHSAN UL-HAQ MAJID, ET AL.
20STCV34366
Nov 18, 2021
Los Angeles County, CA
“It is an equitable action to set aside a foreclosure sale, or an action for damages resulting from the sale, on the basis that the foreclosure was improper.” (Id, citing, Miles v. Deutsche Bank National Trust Co. (2015) 236 Cal.App.4th 394,408–409.)
HAROLD V. WELLS FARGO BANK, N.A.
MCV-243020
Jun 01, 2018
Sonoma County, CA
Discussion: This is an action to set aside a foreclosure sale and to cancel a deed of trust. According to the complaint, in December 2006 plaintiff Jose M. Alvarado obtained a residential loan in the amount of $918,000 secured by a deed of trust encumbering real property located at 1601 Chino Street, Santa Barbara, California 93101. The deed of trust identifies plaintiff as the borrower, Washington Mutual Bank as the lender and beneficiary, and California Reconveyance Company as the trustee.
JOSE ALVARADO VS JP MORGAN ET AL
1385548
Aug 06, 2012
Santa Barbara County, CA
Moreover, the authority cited by the Federal court in Rockridge provides the elements required for “an equitable cause of action to set aside a foreclosure sale….” (See Lona v. Citibank, N.A. (2011) 202 Cal.App.4th 89, 104.) It is not apparent to the Court that Plaintiff intends to bring such a claim.1 (See, generally, Complaint.)
BRUCE BLANKENHORN VS PREFERED FINANCIAL GROUP, INC. ET AL
21CV000720
Jul 29, 2021
Napa County, CA
Fifth Cause of Action Equitable Cancellation of Foreclosure Deed (Wrongful Foreclosure) The basic elements of a tort cause of action for wrongful foreclosure track the elements of an equitable cause of action to set aside a foreclosure sale.
ROBERT HERNANDEZ VS HENRY AGUILA, ET AL.
19NWCV00942
Oct 28, 2021
Los Angeles County, CA
Setting aside the trustee’s sale (fifth cause of action) “[T]he elements of an equitable cause of action to set aside a foreclosure sale are: (1) the trustee or mortgagee caused an illegal, fraudulent, or willfully oppressive sale of real property pursuant to a power of sale in a mortgage or deed of trust; (2) the party attacking the sale (usually but not always the trustor or mortgagor) was prejudiced or harmed; and (3) in cases where the trustor or mortgagor challenges the sale, the trustor or mortgagor tendered
HEARING ON MOTION TO CONSOLIDATE
MSC16-01194
May 04, 2017
Steve K. Austin
Contra Costa County, CA
Fifth Cause of Action for Wrongful Foreclosure The basic elements of the wrongful foreclosure tort track the elements of an equitable cause of action to set aside a foreclosure sale: (i) the trustee caused an illegal, fraudulent or willfully oppressive real property sale pursuant to a power of sale in a deed of trust; (ii) the party attacking the sale (usually, but not always, the trustor) was prejudiced or harmed; and (iii) in cases where the trustor challenges the sale, the trustor tendered the amount of the
DIMAS V. SPECIALIZED LOAN SERVICING, LLC
30-2017-00948670-CU-OR-CJC
Mar 26, 2018
Orange County, CA
“While the tender requirement may apply to causes of action to set aside a foreclosure sale, a number of California and federal courts have held or suggested that it does not apply to actions seeking to enjoin a foreclosure sale ....” (Intengan v. BAC Home Loans The cases cited by Everbank appear to be focused on setting aside a trustee’s sale.3 Here, according to the complaint, a trustee’s sale has not yet occurred and Plaintiffs seek to enjoin the sale.
Greg Hayes, et al. v. Everbank, et al. 17CVP-0230
Jan 16, 2018
Hurst
San Luis Obispo County, CA
It is an equitable action to set aside a foreclosure sale, or an action for damages resulting from the sale, on the basis that the foreclosure was improper.
DONNIE MULDROW VS LADERA CREST HOMEOWNERS ASSOCIATION ET AL
BC720986
Sep 27, 2021
Los Angeles County, CA
The basic elements of a tort cause of action for wrongful foreclosure track the elements of an equitable cause of action to set aside a foreclosure sale .
ROBERT ZUCKERMAN VS DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES, SERIES
22STCV25859
Mar 20, 2024
Los Angeles County, CA
It is an equitable action to set aside a foreclosure sale, or an action for damages resulting from the sale, on the basis that the foreclosure was improper. [Citation.]
HERMINE GAZMARMARIAN, ET AL. VS CHATSWORTH MELODY HOA, ET AL.
20STCV35108
Jun 04, 2021
Los Angeles County, CA
Real Property
Foreclosure
The “elements of a tort cause of action for wrongful foreclosure track the elements of an equitable cause of action to set aside a foreclosure sale.” (Miles v. Deutsche Bank National Trust. Co. (2015) 236 Cal.App.4th 394, 408.)
2009 WELLINGTON ROAD, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS MICHELLE HAGUE, AN INDIVIDUAL, ET AL.
20STCV04978
Jul 07, 2020
Los Angeles County, CA
Real Property
other
The “elements of a tort cause of action for wrongful foreclosure track the elements of an equitable cause of action to set aside a foreclosure sale.” (Miles v. Deutsche Bank National Trust. Co. (2015) 236 Cal.App.4th 394, 408.)
(NO CASE NAME AVAILABLE)
20STCP04978
Jul 07, 2020
Los Angeles County, CA
Generally, a full tender must be made to set aside a foreclosure sale, based on equitable principles. (Stebley v. Litton Loan Servicing, LLP (2011) 202 Cal.App.4th 522, 526; Abdallah v. United Savings Bank (1996) 43 Cal.App.4th 1101, 1109.)
JOHN LEDER VS. FEDERAL NATIONAL MORTGAGE ASSOCIATION
34-2011-00096725-CU-OR-GDS
Dec 20, 2012
Sacramento County, CA
Real Property
other
It is an equitable action to set aside a foreclosure sale, or an action for damages resulting from the sale, on the basis that the foreclosure was improper. [Citation.] ( Sciarratta v. U.S. Bank Natl Assn. (2016) 247 Cal.App.4th 552, 561.)
RENE JOSEPH BLANCAS DE BLANCO VS ALL COUNTIES TRUSTEE SERVICE, INC, A NEVADA CORPORATION, ET AL.
21STCV20884
Nov 18, 2021
Los Angeles County, CA
“[T]he elements of an equitable cause of action to set aside a foreclosure sale are: (1) the trustee or mortgagee cause an illegal, fraudulent, or willfully oppressive sale of real property pursuant to a power of sale in a mortgage or deed of trust; (2) the party attacking the sale (usually but not always the trustor or mortgagor) was prejudiced or harmed; and (3) in cases where the trustor or mortgagor challenges the sale, the trustor or mortgagor tendered the amount of the secured indebtedness or was excused
SIMMONDS VS. WELLS FARGO BANK N.A.
30-2020-01122189
Dec 01, 2020
Orange County, CA
It is an equitable action to set aside a foreclosure sale, or an action for damages resulting from the sale, on the basis that the foreclosure was improper. (See Miles v. Deutsche Bank National Trust Company (2015) 236 Cal.App.4th 394, 408–409.)
GONZALEZ VS THE BANK OF NEW YORK MELLON
30-2019-01061219
Jan 13, 2020
Orange County, CA
The basic elements of a tort cause of action for wrongful foreclosure track the elements of an equitable cause of action to set aside a foreclosure sale.
LILIA EUYOQUE GALVAN VS U.S BANK TRUST NATIONAL ASSOCIATION AS TRUSTEE OF TIKI SERIES IV TRUST, ITS SUCCESSOR AND/OR ASSIGNS, ET AL.
23STCV05404
Oct 17, 2023
Los Angeles County, CA
Fourth Cause of Action (i.e., Wrongful Foreclosure) [T]he elements of an equitable cause of action to set aside a foreclosure sale are: (1) the trustee or mortgagee caused an illegal, fraudulent, or willfully oppressive sale of real property pursuant to a power of sale in a mortgage or deed of trust; (2) the party attacking the sale (usually not but always the trustor or mortgagor) was prejudiced or harmed; and (3) in cases where the trustor or mortgagor challenges the sale, the trustor or mortgagor tendered
SALIM QADIR QADIR VS WT CAPITAL LENDER SERVICES, ET AL.
23PSCV01705
Aug 23, 2023
Los Angeles County, CA
First cause of action for Wrongful Foreclosure “The basic elements of a tort cause of action for wrongful foreclosure track the elements of an equitable cause of action to set aside a foreclosure sale.
HERNANDEZ V. WELLS FARGO BANK, N.A.
30-2018-01041009-CU-OR-CJC
Mar 04, 2019
Orange County, CA
Set Aside Trustee’s Sale “[T]he elements of an equitable cause of action to set aside a foreclosure sale are: (1) the trustee or mortgagee caused an illegal, fraudulent, or willfully oppressive sale of real property pursuant to a power of sale in a mortgage or deed of trust; (2) the party attacking the sale (usually but not always the trustor or mortgagor) was prejudiced or harmed; and (3) in cases where the trustor or mortgagor challenges the sale, the trustor or mortgagor tendered the amount of the secured
HALL VS. US BANCORP
MSC16-01987
Mar 08, 2017
Contra Costa County, CA
First cause of action for wrongful foreclosure: “[T]he elements of an equitable cause of action to set aside a foreclosure sale are: (1) the trustee or mortgagee caused an illegal, fraudulent, or willfully oppressive sale of real property pursuant to a power of sale in a mortgage or deed of trust; (2) the party attacking the sale (usually but not always the trustor or mortgagor) was prejudiced or harmed; and (3) in cases where the trustor or mortgagor challenges the sale, the trustor or mortgagor tendered the
PADIAL VS SECURED INCOME GROUP I INC
RIC2001353
Dec 08, 2021
Riverside County, CA
It is an equitable action to set aside a foreclosure sale, or an action for damages resulting from the sale, on the basis that the foreclosure was improper. (Sciarratta v. U.S. Bank National Assn. (2016) 247 Cal.App.4th 552, 561–562.)
ZUBKO V. CHAPMAN, ET AL.
30-2020-01133129
Jun 18, 2021
Orange County, CA
Wrongful foreclosure “is an equitable action to set aside a foreclosure sale, or an action for damages resulting from the sale, on the basis that the foreclosure was improper." (Sciarratta v. U.S. Bank National Association (2016) 247 Cal.App.4th 552, 561.)
MARY GRIFFIN VS NEWPOINT FINANCIAL LLC ET AL
BC623142
Oct 25, 2017
Los Angeles County, CA
A plaintiff seeking to set aside a foreclosure sale must allege tender of the full amount of the loan to maintain a cause of action that either is based on the wrongful foreclosure allegations or seeks redress from that foreclosure. (Turner v. Seterus, Inc. (2018) 27 Cal.App.5" 516, 525.) In the present case, no tender has been alleged. Plaintiff contends tender need not be made where it would be inequitable to do so, citing Humboldt Savings Bank v. McCleverty (1911) 161 Cal. 285.
CV2103474
Feb 04, 2022
12/14/2022
Marin County, CA
A plaintiff seeking to set aside a foreclosure sale must allege tender of the full amount of the loan to maintain a cause of action that either is based on the wrongful foreclosure allegations or seeks redress from that foreclosure. (Turner v. Seterus, Inc. (2018) 27 Cal.App.5" 516, 525.) In the present case, no tender has been alleged. Plaintiff contends tender need not be made where it would be inequitable to do so, citing Humboldt Savings Bank v. McCleverty (1911) 161 Cal. 285.
CV2103474
Feb 02, 2022
12/14/2022
Marin County, CA
A plaintiff seeking to set aside a foreclosure sale must allege tender of the full amount of the loan to maintain a cause of action that either is based on the wrongful foreclosure allegations or seeks redress from that foreclosure. (Turner v. Seterus, Inc. (2018) 27 Cal.App.5" 516, 525.) In the present case, no tender has been alleged. Plaintiff contends tender need not be made where it would be inequitable to do so, citing Humboldt Savings Bank v. McCleverty (1911) 161 Cal. 285.
CV2103474
Feb 06, 2022
12/14/2022
Marin County, CA
A plaintiff seeking to set aside a foreclosure sale must allege tender of the full amount of the loan to maintain a cause of action that either is based on the wrongful foreclosure allegations or seeks redress from that foreclosure. (Turner v. Seterus, Inc. (2018) 27 Cal.App.5" 516, 525.) In the present case, no tender has been alleged. Plaintiff contends tender need not be made where it would be inequitable to do so, citing Humboldt Savings Bank v. McCleverty (1911) 161 Cal. 285.
CV2103474
Feb 07, 2022
12/14/2022
Marin County, CA
A plaintiff seeking to set aside a foreclosure sale must allege tender of the full amount of the loan to maintain a cause of action that either is based on the wrongful foreclosure allegations or seeks redress from that foreclosure. (Turner v. Seterus, Inc. (2018) 27 Cal.App.5" 516, 525.) In the present case, no tender has been alleged. Plaintiff contends tender need not be made where it would be inequitable to do so, citing Humboldt Savings Bank v. McCleverty (1911) 161 Cal. 285.
CV2103474
Feb 01, 2022
12/14/2022
Marin County, CA
A plaintiff seeking to set aside a foreclosure sale must allege tender of the full amount of the loan to maintain a cause of action that either is based on the wrongful foreclosure allegations or seeks redress from that foreclosure. (Turner v. Seterus, Inc. (2018) 27 Cal.App.5" 516, 525.) In the present case, no tender has been alleged. Plaintiff contends tender need not be made where it would be inequitable to do so, citing Humboldt Savings Bank v. McCleverty (1911) 161 Cal. 285.
CV2103474
Feb 03, 2022
12/14/2022
Marin County, CA
A plaintiff seeking to set aside a foreclosure sale must allege tender of the full amount of the loan to maintain a cause of action that either is based on the wrongful foreclosure allegations or seeks redress from that foreclosure. (Turner v. Seterus, Inc. (2018) 27 Cal.App.5" 516, 525.) In the present case, no tender has been alleged. Plaintiff contends tender need not be made where it would be inequitable to do so, citing Humboldt Savings Bank v. McCleverty (1911) 161 Cal. 285.
CV2103474
Feb 05, 2022
12/14/2022
Marin County, CA
Third Cause of Action: Wrongful Foreclosure “The basic elements of a tort cause of action for wrongful foreclosure track the elements of an equitable cause of action to set aside a foreclosure sale.
DAVIT GHUMASHYAN ET AL VS AZTEC FORECLOSURE CORPORATION ET A
BC710021
Jan 03, 2019
Los Angeles County, CA
Real Property
other
However, errors in nonjudicial sale proceedings must cause prejudice to support a claim to set aside a foreclosure sale. Fontenot v Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 272. Civ.Code § 2924(a)(6) prohibits the initiation of foreclosure proceedings by an entity that is not the holder of the beneficial interest, the original trustee or the substituted trustee or their designated agent. As noted above, the judicially noticeable facts show there was no violation of this statute.
ROBINSON VS. PEAK FORECLOSURE SERVICES
56-2018-00522135-CU-OR-VTA
Aug 30, 2019
Ventura County, CA
Real Property
other
Third Cause of Action: Wrongful Foreclosure “The basic elements of a tort cause of action for wrongful foreclosure track the elements of an equitable cause of action to set aside a foreclosure sale.
DAVIT GHUMASHYAN ET AL VS AZTEC FORECLOSURE CORPORATION ET A
BC710021
Dec 21, 2018
Los Angeles County, CA
Real Property
other
However, the rule is not so clear in cases in which no foreclosure sale has yet been held: " 'A full tender must be made to set aside a foreclosure sale, based on equitable principles.' [Citation.] Courts, however, have not required tender when the lender has not yet foreclosed and has allegedly violated laws related to avoiding the necessity for a foreclosure. (See, e.g., Mabry v. Superior Court (2010) 185 Cal.App.4th 208, 225–226 [110 Cal.
WILLIAM HIRSH VS. RESIDENTIAL CREDIT SOLUTIONS INC
56-2013-00430771-CU-OR-VTA
Aug 14, 2013
Ventura County, CA
Real Property
other
(E.D.Cal.2009) 664 F.Supp.2d 1086, 1101 [tender rule is meant to prevent courts “ ‘from uselessly setting aside a foreclosure sale on a technical ground when the party making the challenge has not established his ability to purchase the property’ ”].)
DENIS SANCHEZ VS BCMB1 TRUST
21STCV12775
May 05, 2021
Los Angeles County, CA
Real Property
other
First Cause of Action Wrongful Foreclosure The basic elements of a tort cause of action for wrongful foreclosure track the elements of an equitable cause of action to set aside a foreclosure sale.
WINONIA STRICKLAND MYLES VS CATAMOUNT PROPERTIES 2018, LLC
19STCV31365
Nov 05, 2021
Los Angeles County, CA
First Cause of Action Wrongful Foreclosure The basic elements of a tort cause of action for wrongful foreclosure track the elements of an equitable cause of action to set aside a foreclosure sale.
WINONIA STRICKLAND MYLES VS CATAMOUNT PROPERTIES 2018, LLC
19STCV31365
Nov 05, 2021
Los Angeles County, CA
Case law instructs that the elements of an equitable cause of action to set aside a foreclosure sale are: (1) the trustee or mortgagee caused an illegal, fraudulent, or willfully oppressive sale of real property pursuant to a power of sale in a mortgage or deed of trust; (2) the party attacking the sale (usually but not always the trustor or mortgagor) was prejudiced or harmed; and (3) in cases where the trustor or mortgagor challenges the sale, the trustor or mortgagor tendered the amount of the secured indebtedness
SUPERIOR COURT VS. FAY SERVICING
19CV352883
Mar 12, 2020
Santa Clara County, CA
Full tender must be made to set aside a foreclosure sale. Stebley v. Litton Loan Servicing LLP (2001) 2001 WL 5975655 *2. Plaintiffs have not tendered the amount owed on the loan, and claim to quiet title fails as a matter of law. Defendants contend further that there is no post-foreclosure remedy under CC § 2923.5. Rather, the only possible remedy is for postponement of the sale before it happens. After the sale, Section 2923.5 provides the borrower no relief. Mabry v.
FORTINO CRISPIN ET AL VS WELLS FARGO HOME MORTGAGE ET AL
1413199
Nov 05, 2012
Santa Barbara County, CA
Third Cause of Action: Wrongful Foreclosure “The basic elements of a tort cause of action for wrongful foreclosure track the elements of an equitable cause of action to set aside a foreclosure sale.
JOYCE A. WILSON VS HAVEN HOME LOAN, INC., A CALIFORNIA CORPORATION, ET AL.
21STCV19046
Sep 20, 2021
Los Angeles County, CA
Fourth Cause of Action: Wrongful Foreclosure “The basic elements of a tort cause of action for wrongful foreclosure track the elements of an equitable cause of action to set aside a foreclosure sale.
PRUNEDA V. SELECT PORTFOLIO SERVICING, INC.
20CECG01407
Nov 13, 2020
Fresno County, CA
Personal Injury/ Tort
other
In United States Cold Storage, the court explained the rationale behind the tender rule where the foreclosure sale has already taken place, stating: “It would be futile to set aside a foreclosure sale on the technical ground that notice was improper, if the party making the challenge did not first make full tender and thereby establish his ability to purchase the property.
BRIAN MILBURN VS BANK OF AMERICA ET AL
1381087
Nov 02, 2011
Santa Barbara County, CA
Fifth Cause of Action for Wrongful Foreclosure Essentially, “[t]he elements of a cause of action to set aside a foreclosure sale are (1) the trustee or mortgagee caused an illegal, fraudulent, or willfully oppressive sale of real property pursuant to a power of sale in a mortgage or deed of trust; (2) the party attacking the sale suffered prejudice or harm; and (3) the trustor or mortgagor tenders the amount of the secured indebtedness or was excused from tendering.” (West v.
SNOWDEN V. OCWEN LOAN SERVICING
19CECG02333
Nov 12, 2019
Fresno County, CA
Real Property
other
Defendants rely on authority under which the Second District determined that a claim for wrongful foreclosure to set aside a foreclosure sale of a debtor’s residence is property of the bankruptcy estate which only the chapter 7 trustee can pursue. Bostanian v. Liberty Savings Bank, FSB (1997) 52 Cal.App.4th 1075.
KATHY L COX ET AL VS VN PARTNERSHIP ET AL
BC596578
Jul 17, 2020
Los Angeles County, CA
Personal Injury/ Tort
other
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